People v. Bennett

• Citation: 2014 N.Y. Slip Op. 02070,115 A.D.3d 973,982 N.Y.S.2d 554
• Parties: The PEOPLE, etc., respondent, v. Darrian L. BENNETT, appellant.
• Decision Date: 26 March 2014
• Court: New York Supreme Court Appellate Division

115 A.D.3d 973
982 N.Y.S.2d 554
2014 N.Y. Slip Op. 02070

The PEOPLE, etc., respondent,
v.
Darrian L. BENNETT, appellant.

Supreme Court, Appellate Division, Second Department, New York.

March 26, 2014.

[982 N.Y.S.2d 555]

Mark Diamond, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.

RANDALL T. ENG, P.J., MARK C. DILLON, JOSEPH J. MALTESE, and COLLEEN D. DUFFY, JJ.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered October 13, 2010, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal sale of marijuana in the fifth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was invalid because the record does not demonstrate that the defendant understood the distinction between the right to appeal and other trial rights forfeited incident to his plea of guilty ( see People v. Moyett, 7 N.Y.3d 892, 893, 826 N.Y.S.2d 597, 860 N.E.2d 59;People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Jacob, 94 A.D.3d 1142, 1143–1144, 942 N.Y.S.2d 627). Nevertheless, by pleading guilty, the defendant forfeited appellate review of his claim of ineffective assistance of counsel to the extent that the claim does not directly involve the plea and sentence negotiation ( see People v. Petgen, 55 N.Y.2d 529, 535 n. 3, 450 N.Y.S.2d 299, 435 N.E.2d 669;People v. Dunne, 106 A.D.3d 928, 964 N.Y.S.2d 663;People v. Fakhoury, 103 A.D.3d 664, 959 N.Y.S.2d 269;People v. Soria, 99 A.D.3d 1027, 952 N.Y.S.2d 300).

“The decision to permit a defendant to withdraw a previously entered plea

[982 N.Y.S.2d 556]

of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of discretion” ( People v. Howard, 109 A.D.3d 487, 487, 970 N.Y.S.2d 86;see People v. Crawford, 106 A.D.3d 832, 833, 964 N.Y.S.2d 636;People v. Jacob, 94 A.D.3d at 1143, 942 N.Y.S.2d 627;CPL 220.60[3] ). “When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances” ( People v. Howard, 109 A.D.3d at 487, 970 N.Y.S.2d 86 [internal quotation marks omitted]; see People v. Brown, 14 N.Y.3d 113,...